Jones v. State

Phipps, Judge.

Andez Jones appeals his conviction for armed robbery, contending that the evidence was insufficient to support the conviction and that his trial counsel was ineffective in failing to request a lesser included offense instruction on theft by taking. We find that the evidence was sufficient to support a conviction for armed robbery and did not warrant an instruction on theft by taking. Therefore, we affirm.

The evidence showed the following. On July 21, 1994, Jones and two other men entered the Midtown Pharmacy in Columbus, brandishing firearms and yelling, “This is a stickup.”…